It’s been almost a full month since the UK left the EU and Brexit has introduced a variety of different issues. One of the issues that organisations must consider is ‘do I need an EU Representative?”
This blog will help you to understand what an EU Representative is and why you might need one.
What is an EU Representative?
An EU Representative is an individual or company in the EU that is your representative for all things data protection in the EU. Having an EU Representative has become a requirement for some organisations since we left the EU at 11pm on 31st of December, 2020.
What does an EU Representative do?
The EU Representative:
- is the is a point of contact for the supervisory authorities and for data subjects;
- maintains a record of all data subject requests;
- cooperates with the EU supervisory authorities on behalf of your company;
- ensures your compliance with the EU GDPR; and
- keeps a record of data processing activities carried by your company.
Why would I need an EU Representative?
The EU GDPR says that all organisations that are not ‘established in the EU’ and that ‘process the data of people in the EU’ must appoint a representative in the EU. This is a two-part test. Let me explain…
The first part of the test is whether or not you are established in the EU.
If you don’t have an office, a subsidiary or any other kind of establishment in the EU, then you are not ‘established’ in the EU. So, tick the box for the ‘yes’ to an EU Representative and move onto the second part.
The second part of the test is whether or not you process the data of people in the EU. This involves either supplying goods or services to people in the EU and/or monitoring the behaviour of people in the EU.
- Do you supply goods or services into the EU (even for no payment)?
- sell goods via an online shop;
- provide an online service or app;
- deliver goods to customers in EU member states;
- use EU website domains, such as .de, .fr, .es or .eu;
- use languages on your website or accept currencies of at least one EU member state;
- use specific product branding for the EU market;
- run marketing campaigns aimed at the EU market; or
- provide specific contact details for EU customers.
2. Do you monitor the behaviour of people in the EU?
Monitoring is difficult to explain – it means to observe and check the progress or quality of something over a period of time or keep something under systematic review.
So, among other things, if you are monitoring people if you:
- track website visitors from the EU by using cookies or other technology;
- collect location or behavioural data;
- offer fitness tracking, personalised diet and health analytics services online; or
- are involved in the HR process in the EU.
So, if you don’t have an establishment in the EU and you process the data of people in the EU, then you need an EU Representative.
How do I find an EU Representative?
We can help you with that.
We have a trusted partner in Germany who would be pleased to act as your EU Representative.
Give us a call and we can talk you through the EU Representative process a bit more.